Court No. - 6
Case :- WRIT - A No. - 40852 of 2016 Petitioner :- Mohd. Mansoob Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Rama Shanker Mishra Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
This petition has been preferred for the payment of interest on what is claimed to be a delayed disbursal of gratuity. The petitioner had superannuated on 30 April 2015 and admittedly the gratuity was released and disbursed on 20 May 2016. From the material placed on the record it appears that the petitioner was named as an accused in Case Crime No. 300 of 2013. The proceedings of this criminal case were ultimately quashed by the High Court on 8 March 2016. It is in that backdrop that the claim of the petitioner for payment of interest must necessarily be considered.
Undisputedly and during the pendency of criminal proceedings Regulation 919A empowers the respondents to pay provisional pension and to withhold gratuity of a government servant until the conclusion of proceedings, departmental or judicial as the case may be. It is with reference to this provision that the gratuity was withheld. The Court additionally notes that the action of withholding of gratuity is not assailed on the ground of being arbitrary or illegal. The only relief claimed here is for the payment of interest. Since the statute itself conferred that authority on the respondents and the exercise of which is not assailed in this petition, the Court finds no ground to issue the writs as prayed for.
The writ petition is dismissed.
Order Date :- 27.2.2019/Arun K. Singh